Melson to testify on Fast & Furious as part of deal in Senate

posted at 4:48 pm on June 28, 2011 by Ed Morrissey

The embargo on documents and testimony from the ATF on Project Gunwalker/Operation Fast and Furious appears to have ended. According to the Daily Beast last night, a deal brokered between Senators Pat Leahy and Charles Grassley will bring ATF chief Kenneth Melson, other witnesses, and a large set of documents to Congress as it probes the ATF and the Department of Justice’s gunrunning sting operation gone horribly awry (via Public Secrets):

The testimony—expected next month from Kenneth Melson, the acting director of the Bureau of Alcohol, Tobacco, Firearms and Explosives—was brokered as part of a deal between Senate Judiciary Committee chairman Patrick Leahy (D-Vt.) and the committee’s top Republican, Iowa’s Charles Grassley. Grassley and his fellow Republicans were given full access to ATF documents, Melson, and other key witnesses; and in return, Grassley agreed to release three Obama administration nominees he had been blocking, according to correspondence obtained by NEWSWEEK and THE DAILY BEAST.

Grassley had been fighting to get full access for months. He finally got it with a letter Leahy wrote to Attorney General Eric Holder requesting access for both his staff and Grassley’s investigators to the evidence and witnesses in the gun-sting investigation. In return, Grassley agreed to let proceed the nominations of Jim Cole to be deputy attorney general, Lisa Monaco to be assistant attorney general for national security, and Virginia Seitz to be head of the Office of Legal Counsel, the letter shows.

That doesn’t sound like good news for the Obama administration. Melson had been considered a likely fall guy, but according to John Solomon’s report, Melson has no intention of falling on his sword — at least not by himself:

Congressional investigators in both chambers want to know whether Melson discussed or sought approval for the strategy from Holder or his top deputies, the White House, or other senior law-enforcement officers. They also want to know whether Melson’s agency has run into roadblocks or poor information sharing in its efforts to combat larger gun trafficking.

As head of the agency that conducted the controversial sting, Melson has faced calls for his resignation. But in private conversations with congressional investigators in recent days, Melson has indicated he does not believe he did anything wrong because he carried out his bosses’ wishes and is eager to testify to describe the full picture, according to sources familiar with those conversations.

Bob Owens handicaps the potential outcomes for Pajamas Media. He considers the option for Melson to take the fall himself to still be possible, but notes that Melson could easily have already done this. Why wait? The next step up from Melson is the DoJ’s Criminal Division head Lanny Breuer. Breuer personally authorized a wiretap for Gunwalker, so he is already involved. Breuer, though, is an old political hand that would resign in a heartbeat to shield others from responsibility. It’s when it gets above Breuer that the stakes get interesting:

Chairman Issa states that AG Holder “absolutely” knew about Gunwalker earlier than he testified that he did, and if Issa has the evidence to prove that the attorney general is part of a cover-up, then there is every reason to suspect Holder will be forced to resign, or will face impeachment.

This is a far more likely scenario than many think.

4. Collateral damage.

There is the distinct possibility that Lanny Breuer and Eric Holder are not the only administration officials that run the risk of going down as a result of their roles in Gunwalker and its cover-up. While ATF and their parent organization the Department of Justice were ultimately responsible for the operation, other executive branch departments were involved.

The Department of Homeland Security played a role in Gunwalker, and DHS Secretary Janet Napolitano would possibly be kept abreast of Gunwalker since she was both the former governor of Arizona and the state’s attorney general from 1999-2002. Lesser-ranking figures within DHS and other agencies were certainly involved, but Napolitano is the cabinet-level official other than Eric Holder who would have most likely known about Gunwalker.

I doubt that Melson would have had direct contact with Napolitano on this kind of clandestine effort, though. That seems to be much less likely than Melson having something on Holder. If (a very big “if”) Melson can show that Holder lied to Congress about what he knew and when he knew it — the old Watergate question — then Holder will have no choice but to resign or face impeachment. In fact, it hardly seems worth the effort for Melson to hold out on a resignation just to get Breuer.

This should be a very interesting set of hearings and documents. Perhaps at the least, they can shed light on why the whistleblower in this case got fired shortly after exposing the botched operation.

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The Bureau of Alcohol, Tobacco and Firearms is being accused of retaliating against an agent who helped publicize the agency’s role in allowing thousands of guns to cross the U.S. border and fall into the hands of Mexican drug gangs.

What kind of bizarro world do we live in that Grassley has to let three possibly controversial nominees go forward as the price of getting cooperation from that c**ksucker Leahy? One would think that regardless of party affiliation the legislators would want to get to the bottom of this. Never mind, I forgot who we are dealing with.

Why would Holder give in to Leahy’s request if he has so much to lose? Will this “testimony” be under oath? Three nominees vs scandalous revelations? I smell another “Republicans Snookered by Democrats” story.

We admittedly do not have any direct evidence of this allegation, but the circumstantial case made has proven strong enough to have few detractors and raises questions that must be answered. At the very least, the president’s views toward guns was known throughout the executive branch. His administration has fostered an anti-gun atmosphere and created a hostile environment for gun owners and dealers. In that ugly petri dish, a program like Gunrunner could be born.

Through his spokesman, President Barack Obama denies any knowledge of Operation Fast and Furious. This may be the case. But Attorney General Eric Holder’s promise that the Department of Justice Office of the Inspector General would investigate Gunwalker is laughably inadequate. Having the DOJ OIG run an investigation that must by definition include an investigation of their own agency leadership is a clear conflict of interest. Therefore the OIG is not the correct party to investigate the plot that reaches “much higher” than just the acting director of the ATF, who seems poised to take the fall.

Only one other investigative body has the legislative mandate and independence to investigate this scandal.

Murder aside, Gunwalker violated federal law. Title 18, U.S. Code, Section 922 states that only a licensed dealer or manufacturer can engage in interstate or foreign firearms commerce. It’s a federal offense for a person to buy a gun intended for another (straw buyer).

The attorney general is supposed to uphold federal law; instead, his DOJ intentionally violated it.

A person who is aware of a crime before it occurs, and who gives some form of aid to those committing the crime, is known in legal terms as an “accessory before the fact.”

The thugs and the Prince of Accountability and Transparency, Obama himself…

The Bureau of Alcohol, Tobacco and Firearms is being accused of retaliating against an agent who helped publicize the agency’s role in allowing thousands of guns to cross the U.S. border and fall into the hands of Mexican drug gangs.

The agent, Vince Cefalu, who has spoken out about the ATF’s so-called “Project Gunrunner” scandal, says he was served with termination papers just last week, and he calls the move politically motivated.

When Bush took office, the “Political” leaders of the GOP decided not to investigate the Clinton people and now those people got higher jobs in the Obama administration. The Obama administration had no qualms investigating those in Bush administration, just look at those CIA guys still being investigated.

There will be no resolution to Holder’s, the NLRB, the FCC, the EPA, NASA and the rest of the alphabet while Obama is in the White House. I just PRAY that the next GOP President WILL go after these people. What they are doing to whistle blowers and to all of us, is criminal. (And they need to go after those in STAFF positions in those agencies too!)

Looks like I was wrong again, I thought there would be a deal struck to stop the investigation of the CIA operatives involved with GITMO detainees in exchange for dropping Fast & Furious. Now it looks like we took an even lesser deal by allowing three appointees to have there hearings in exchange for documents that were supposed to have been subpoenaed.

Perhaps announcing in the direction of Washington, that he has signed, witnessed, documented, testimony, in the hands of several unnamed third parties. It tends to prevent things like strange plane crashes? Saul alinsky says: any mens to an end -and he means, “any.”

Chairman Issa states that AG Holder “absolutely” knew about Gunwalker earlier than he testified that he did, and if Issa has the evidence to prove that the attorney general is part of a cover-up, then there is every reason to suspect Holder will be forced to resign, or will face impeachment.

Does anyone still beleive that this operations was not know by everyone in the adminstraton from Obama down? This is one of the “under the radar” things that Obama promised the Brady group. This was hatched high up in the administration and approved by Obama to embaress the gun industy and get new laws passed.

There will be no resolution to Holder’s, the NLRB, the FCC, the EPA, NASA and the rest of the alphabet while Obama is in the White House. I just PRAY that the next GOP President WILL go after these people. What they are doing to whistle blowers and to all of us, is criminal. (And they need to go after those in STAFF positions in those agencies too!)

barnone on June 28, 2011 at 5:12 PM

Agree it should be done, but little Bammie is just the type to leave a stack of blank Presidential Pardons for everyone in his sorry administration. Just fill in the blanks where it says offense. We still have to make them show it, because it will be an admission of guilt.

This is not as good as it appears.The testimony will be in front of Leahy’s Senate committee not Issa’s House committee. The Dems will be in charge of the proceedings.

xkaydet65 on June 28, 2011 at 4:57 PM

I hope Issa has fed the GOP senators some questions and documents.

Wethal on June 28, 2011 at 5:05 PM

The Dems may be in charge of the proceedings, but Grassley will ask questions and there are some pretty good cross examiners on that committee as well, I believe. Isn’t Sessions on that committee? Mike Lee and John Kyl (from Arizona) are also on there.

Registration is the step just before confiscation, and you can only force people to get permission to defend themselves if you know who possesses the firearms.

And you can only do this if you have governmental over sight and control over the sale of every gun.

Now, what is the current piece of “Gun safety” legislation the Left would like to rahm down our throats?

Chip on June 28, 2011 at 5:22 PM

When the feds began semi-legally keeping records of the names that were submitted for an instant background check, that list became very close to registration. In a convenient ‘crisis’ it will come in handy.

When the feds began semi-legally keeping records of the names that were submitted for an instant background check, that list became very close to registration. In a convenient ‘crisis’ it will come in handy.

slickwillie2001 on June 28, 2011 at 5:28 PM

Gotta love background checks on rifles and hunting weapons. I am going to be investing in arrows for my bow, before I have to do a background check on those too.

that is called communism. The people are the slaves of the community. AKA no guns for self defense. Which is where we are heading.

oh yay.

upinak on June 28, 2011 at 5:25 PM

Yup, that is exactly the case, which is why people need to wake up as to how close we are to losing our second amendment rights.

That may sound like hyperbolae, but consider the fact that as soon as they control how you can buy and sell your private property, they can effectively control everyone’s access to a means of self-defense – including self-defense from government.

Side note: Mexico also has their own version of the second amendment, but this right is tightly controlled by the government, in essence they have very strict gun control.

That should make Mexico a paradise with all that Gun control according to the civilian disarmament groups…

Registration is the step just before confiscation, and you can only force people to get permission to defend themselves if you know who possesses the firearms.

And you can only do this if you have governmental over sight and control over the sale of every gun.

Now, what is the current piece of “Gun safety” legislation the Left would like to rahm down our throats?

Chip on June 28, 2011 at 5:22 PM

When the feds began semi-legally keeping records of the names that were submitted for an instant background check, that list became very close to registration. In a convenient ‘crisis’ it will come in handy.

slickwillie2001 on June 28, 2011 at 5:28 PM

Yes, people forget that one of the ‘Consequences’ of this Fast and Furious scandal was that the Moonshine, Cigarettes and Guns agency started keeping official records on ‘Bulk Purchases’ ostensibly in the Southwest.

Isn’t that great? This agency pulls this kind of scam and they gain more power and the people that are innocent get punished.

Time for some top R’s to start using the word lynch when talking about what happened to our border agents. It wasn’t enough for Obama and his minions to leave our borders unprotected and attack our states that are doing the Feds job. Nope now they illegally sold guns to narco terrorists and are co-conspirators in the lynchings of our border agents.

Why would Holder give in to Leahy’s request if he has so much to lose? Will this “testimony” be under oath? Three nominees vs scandalous revelations? I smell another “Republicans Snookered by Democrats” story.

cartooner on June 28, 2011 at 5:00 PM

Charlie Brown. Lucy. Football. Etc.

They never seem to learn. There is no way Holder is going to commit sepuku on the request from Leaky Leahy.

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And wouldn’t anyone with knowledge before, during, or after of fast and furious, be part of a felony conspiracy charge?

Why shouldn’t Melson, Holder, or anyone else be held for felony murder, then?

Rebar on June 28, 2011 at 6:14 PM

A funny thing happened in the last Issa hearing.

FARENTHOLD: Thank you, Mr. Chairman.
I assume you all are investigating various crimes that were associated with these guns,
that aside from the tragic murder of Agent Terry, are there any other American law
enforcement officers or citizens who have died as a result of this program?

WEICH: Congressman, I can’t accept the premise of the question, I don’t know that any
particular murder could be attributed to this program. I think that assumes a lot of facts,
and I’m just not equipped to deal with that. So I can’t answer the question because I can’t
accept the premise.

The ATF has a long history of mess-ups and cover-up (said befor abd so has many others). BUT! There is one dot that connects “Ruby Ridge”, “Wacco Tx” and “Fast and Furious”. That one dot is Eric Holder. Look it up for yourself.

The very idea that drug cartels, with hundreds of millions of dollars and connections around the world, would buy their AK’s and other weapons from US-based retailers is ridiculous; it’s laughable. “Jose, run up to Bob’s Sporting Goods in Laredo and buy me two dozen semi-autos at list price. Be sure to use a straw purchaser.” A drug lord this stupid wouldn’t be in business long.

“Falling on the sword” doesn’t remove others from the incident.
If they have all of the paperwork, all of the details, than someone falling on the sword, just means they have to dig a little deeper.
I imagine they could care less about Melson, Holder knows exactly who they are going after.

Why did/does Grassley have to strike a deal with another senator to get this testimony? Why does the regime want these 3 particular people appointed to those posts? Does Grassley really think he’s going to get to ask any questions and get straight answers? The repubs got it handed to them again.